Sony has been hit with seven class-action lawsuits over the removal of the " …

Share this story

Sony did not make many friends in the tech community when the company forcibly removed the option to install Linux via a mandatory firmware update. The problem was simple: Sony had previously pushed this feature as an advantage its system held over its competitors, and later assured gamers that it would continue to be supported. That is, until Sony became spooked about the possibility of piracy. Lawsuits were filed, and Ars Technica has now learned that the court will bundle all seven suits into a single class-action case.

"In essence, the claims in these cases are that Sony Computer Entertainment of America (“Sony”) falsely represented that PS3 purchasers would be able to use their PS3s as a computer by installing another operating system, such as Linux," a document obtained by Ars Technica states. "In a recent firmware update, Sony removed the ability of consumers to utilize this feature. As a result, seven class actions were filed against Sony in federal court in San Francisco, California."

This happened at the request of "all counsel," and now the lawyers involved will work together as a united front against Sony. "At the request of all of the attorneys, Judge Seeborg ordered that three law firms with offices in San Francisco where the litigation is pending will serve as co-lead counsel."

So what happens now? A consolidated class-action complaint, followed by Sony's response. A court date is set for sometime in September for the parties to discuss next steps for the lawsuit.

The likely outcome

Sony doesn't appear to have much of a defense here; even if the company was trying to protect itself from hypothetical threats of piracy, it did list the ability to install alternate operating systems as an advantage of the PlayStation 3, one that many gamers trusted when they bought the system in good faith. While you don't have to update the firmware, not doing so means you can no longer go online, play newer games, or use the system as it was intended.

None of the plaintiffs are likely to get rich. If the plaintiffs win, the lawyers will get paid, Sony will probably have to pay PlayStation 3 owners a small refund to make up for the loss of the option, or there will be a coupon or game giveaway. This consolidation just makes that settlement more likely, and much simpler from a legal perspective. It shows a large number of gamers affected, and makes reasonable restitution possible on a large scale.

What's important for gamers in a broad sense is that Sony loses money in the case, so there will (hopefully) be a financial incentive to keep all the advertised features working in future systems and firmware updates. We'll follow the lawsuit as it progresses. We contacted Sony for comment and have yet to hear back.